Report Title:
State and County Land Use and Zoning Reclassification Law
Description:
Deems as one application, separate applications for reclassification of contiguous lands owned by the same landowner where the applications are separated because they contain different uses, or are phased to be developed sequentially, or are separated to avoid the land use application requirements and requires applications to provide future development phases information. (HB1069 HD1)
HOUSE OF REPRESENTATIVES |
H.B. NO. |
1069 |
TWENTY-THIRD LEGISLATURE, 2005 |
H.D. 1 |
|
STATE OF HAWAII |
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A BILL FOR AN ACT
rELATING TO LAND USE.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The purpose of this Act is to prevent circumvention of the land use approval process by prohibiting "parceling", the submission of separate rezoning or reclassification applications for contiguous lands.
SECTION 2. Chapter 205, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§205- Projects to be reviewed as a whole. Where applications for any reclassification of contiguous lands owned by the same landowner are received and expected to be processed separately because they contain different uses, or represent different development phases, or are separated to avoid any of the requirements of this chapter, the separate applications shall be deemed to be one and shall be reviewed as one application in accordance with the requirements of this chapter. If a project includes a later phase that cannot be fully described in the current application because it is only likely to be implemented in the distant future, the application should disclose as much detail as possible about the future phase."
SECTION 3. New statutory material is underscored.
SECTION 4. This Act shall take effect upon its approval.